Foreclosure Defense Florida

Restoring Sanity (and Marketability) to Real Title in The United States (5 years Later)

Judge Walt Logan’s comprehensive handling of this case inspired me  when  I followed up on it  after reading the appellate decision over two years ago, a decision that is much misquoted by the plaintiffs bar and institutional lending industry.
One of his unerring comments which should ring clear in even the dullest of minds is MERS confession: that they, the holder of your mortgage lien, cannot accept payoff money from you.
Yet they have the right to foreclose or discharge your mortgage?
The Stentz order I obtained this past week is in dedication to Walt Logan and his  vision and in great appreciation of a   brilliant jurist, Judge Lynn Tepper. I only regret that it took 5 years for its plain common  sense to reach the surface for all to see.
The sooner the judges of this country realize that they are not dealing with their fathers’ mortgage but some   experimental “innovative” note/mortgage configuration in derogation of common law (and without the sanction of a statute approving and authorizing it),  the sooner they  realize that the dysfunctional results now fruiting from the disregard of  application of the rule of  title and conveyancing law,  linked as they are to standing and joinder of all interested parties,   and the sooner they realize  that they do have the power and the privilege to just say no and instead insist on  standards of pleading and   proof to meet these complexities, in kind –  to insist that title to the note and mortgage be deraigned and authority shown,  then proved . . .

. . . the  sooner we can begin to restore  faith to all, including all the new buyers, lenders, and investors  sitting on the sideline, that constitutionally protected property rights in America mean something, that they are the gold standard of the world, and that they  cannot be easily taken  away with incomplete proof and  by conflicted third party  proxies who purport to act for the owners of these loans but  seem to have no regard for the law –  or the multitude of their faceless masters from  whom they fear no reprisal.
Greg Clark, Esq
Founder of JEDTI
Jurists Engaged in Defending Title Integrity

One Comment

  • bobhurt says:

    Greg omits salient facts about the new-fangled mortgage boondoggle.

    1. Borrowers typically fund their own loans after lenders and their agents induce them fraudulently to sign false statements in the mortgage and note. The closing officer distributes hot checks which banks won’t cash till after the title company has forwarded the note and mortgage to the lender and the lender has deposited the note, then wired funds to the title company.

    2. Securitization amounts to unauthorized CONVERSION of the borrower’s property, the note, and all profits from it belong to the borrower.

    3. Lenders systematically pursued policies that they knew would collapse real estate values, and courts WRONGLY force foreclosure victims to shoulder the associated equity loss.

    4. Thoughout Florida for at least 30 years sellers, realtors, appraisers, mortgage brokers, and lenders have conspired to cheat buyers by inflating real estate prices way beyond their actual values, universally ignoring both replacement cost and income capitalizations as vital factors in appraisal accuracy. Typical buyers pay at least 30% more than the actual value of the property because of this scam.

    Judge Logan did not dig deeply enough into the mortgage scam to reveal these harsh realities that should inflame the passions of every mortgage victim, and drive foreclosure victims into a destructive rage.

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